Course Title: Employ property law principles and concepts

Part A: Course Overview

Program: C6141 Advanced Diploma of Legal Practice

Course Title: Employ property law principles and concepts

Portfolio: BUS Portfolio Office

Nominal Hours: 50

Regardless of the mode of delivery, represent a guide to the relative teaching time and student effort required to successfully achieve a particular competency/module. This may include not only scheduled classes or workplace visits but also the amount of effort required to undertake, evaluate and complete all assessment requirements, including any non-classroom activities.

This unit describes the skills and knowledge required to employ property law concepts and applications, including analysis of estates and interests, mortgages, easements, and covenants, tenancies, and adverse possession, in order to support the work of a legal office, practice or associated context.

This unit supports the work of personnel engaged in the operation of a legal office, conveyancing office, financial institution or lending mortgage department, government department, or other associated field within public and/or corporate sectors.

Pre-requisite Courses and Assumed Knowledge and Capabilities

None

National Competency Codes and Titles

National Element Code & Title:

VU21637 Employ property law principles and concepts

Elements:

1.Determine and define the nature of property

2.Analyse holdings in real estate

3.Analyse and assess proof of possession of a particular interest in land

4.Analyse and apply relevant features of the Torrens title system / Transfer of Land Act

5.Examine the nature of a possessory title

6.Examine the nature of estates which are less than freehold and which may encumber freehold estates

7.Establish the nature and the function of a mortgage at common law and within the operation of the Transfer of Land

8.Analyse and assess the basic nature and function of an easement and covenant

Learning Outcomes

Overview of Assessment

Critical aspects for assessment and evidence required to demonstrate competency in this unit

In order to demonstrate competency in this unit, you must provide evidence of:

• knowledge of property law concepts and applications relating to estates and interests, mortgages, easements, and covenants, tenancies, and adverse possession
• establishing the function of a mortgage at common law and within the operation of the Transfer of Land
• examining the various holdings in real estate and joint tenancy and tenancy in common including the implications for the holder of any of the various interests
• proving the existence of estates in land
• assessing the Torrens title system in relation to the transfer and proof of ownership of an interest in land
• examining the provisions of the limitations of Actions Act and procedures for obtaining a Certificate of Title based on adverse possession
• analysing the different types of tenancy arrangements and the provisions of the Residential Tenancies Act
• investigating the provisions nature of estates which are less than freehold and which may encumber freehold estates
• analysing the function of a mortgage at common law and within the operation of the Transfer of Land
• assessing the function of an easement and covenant

Context for assessment

Assessment must ensure:

• activities are related to a legal practice context
• activities are related to laws, regulations and procedures currently operating across the jurisdictions relevant to this qualification

You are advised that you are likely to be asked to personally demonstrate your assessment work to your teacher to ensure that the relevant competency standards are being met.

Feedback

Feedback will be provided throughout the semester in class and/or online discussions. You are encouraged to ask and answer questions during class time and online sessions so that you can obtain feedback on your understanding of the concepts and issues being discussed.

You should take note of all feedback received and use this information to improve your learning effectiveness and final performance in the course.

Finally, you can email or arrange an appointment with your teacher to gain more feedback on your progress.